Visa Lawyer Blog

Articles Posted in Family Visas

by

The U.S. Embassy in Mexico City has suspended processing of the approximately 5100 non-immigrant visa appointments scheduled Monday, April 27 through Wednesday, April 29. In the US, All USCIS offices remain open for business. Applicants should plan to attend all previously scheduled appointments, interviews and ceremonies unless they are feeling ill. It seems that re scheduling due to illness is a perfectly acceptable reason.

There are no reports of problems to enter the US from Mexico, no refusals due to Swine Flu issues as of now. But this may well change as the issue develops.

Follow the WHO updates here

by

Recently, the Department of State released revisions to Section 40.11 N14.3 of the Foreign Affairs Manual regarding procedures for Nonimmigrant Visa (NIV) HIV Waiver Authorization. DOS released a checklist for individuals applying for a Non Immigrant HIV Waiver. The checklist is used in DOS’ new streamlined NIV waiver process, which allows individuals to certify to the list of conditions for obtaining the waiver as opposed to having to bring independent evidence to the consulate. Click here for checklist Download file

We welcome the changes and hope that this will improve America’s Image in the world, encouraging more visitors to come.

by

Certainly more good news in the Immigration arena. According to the LA TimesThe College Board is supporting legislation that would offer some undocumented youths a path to citizenship through college or the military.

The association best known for the SAT and AP tests it administers is stepping into the contentious issue for the first time, just as President Obama is signaling that he may encourage lawmakers to overhaul immigration laws this year. The board’s trustees have voted unanimously to support the legislation, known as the Dream Act.

The Development, Relief and Education for Alien Minors Act (The “DREAM Act”) is a piece of proposed federal legislation that was introduced in the US Senate, and the US House of Representatives in March 26, 2009. This bill would provide certain immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill’s enactment, the opportunity to earn conditional permanent residency. The students will obtain temporary residency for a lapse of six years. Within the six year period, a qualified student must attend college, and earn a two year degree, or serve in the military for two years in order to earn citizenship after the six years period. If student does not comply with either his/her college requirement or military service requirement, temporary residency will be taken away and student will be subjected to deportation.

Continue reading

by

As with the predictions about the economy that things will get worse, the Visa Bulletin for April 2009 delivers some bad news, especially for EB3 visa applicants. EB3 category shows a movement backwards of almost 2 years.

Why is this happening. Here what the State Department had to say:

Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.

Continue reading

by

On November 25, 2008, US Secretary of Defense Robert Gates signed a memorandum authorizing the Secretaries of the Army, Navy, and Air Force to implement a new non-citizen recruiting pilot program for the United States Armed Forces. Titled “Military Accessions Vital to the National Interest” (MAVNI), the new pilot program allows certain non-citizens who are legally present in the United States to join the military and apply immediately for US citizenship without first obtaining lawful permanent residence.

The US Army MAVNI recruiting program, which seeks to recruit health care professionals and persons who speak certain strategic languages, began on Monday, February 23, 2009.

Under the MAVNI program, the Army is not sponsoring anyone for a visa or green card or authorizing anyone to enter the United States for the purpose of enlistment. This program is not available to persons who are overseas. Instead, MAVNI allows certain aliens who are already legally present in the United States to enlist. Under the Army’s rules, all MAVNI recruits must pass an English test and score 50 or higher on the Armed Forces Qualification Test (AFQT).

Continue reading

by

Nothing exciting about the March Visa Bulletin. The EB2 cutoff dates for India and China continued to move forward. There is also some forward movement in EB3 for China and Mexico.

EB2 category remains current for all countries except for India and China, which show forward movement again, with cutoff dates moving by approximately 1.5 months for both countries. The cutoff date for India moved to February 15, 2004. China has a cutoff date of February 15, 2005.

EB3 no changes in the cutoff dates, other than for China and Mexico. The cutoff date for “all chargeability areas except those listed” remains at May 1, 2005; the Philippines has the same cutoff date. India also remains unchanged, backlogged at October 15, 2001. The cutoff date for Mexico has advanced by over four months, to August 15, 2003.

Continue reading

by

There are presently 3-5 full time I-601 adjudicators, and 3 staff who are on duty. There is a backlog of 7000 – 9,000 I-601 applications. They are discussing opening an office in Los Angeles where they will only work on those backlog cases.

I-601 Procedure:

The applicant has to make his I-601 appointment through the Call Center. He can call to make his I-601 appointment as soon as he knows when his IV interview will take place (He just has to make his I-601 appointment for a date after his IV interview).

When an applicant arrives for his or her appointment, a clerk will take the I-601 packet. It is given to an adjudicator who spends approximately 10-15 minutes reviewing it. The adjudicator does not speak with the applicant.

The applicant is then told to pay a fee of (80) pesos at a kiosk inside the facility. This fee pays for the DHL delivery of the preliminary I-601 decision. The next day, the applicant can go to the DHL office (which is close to the Consulate) and pick up the preliminary decision.

He will either be informed that the I-601 was granted, and given instructions on how to obtain the actual immigrant visa, or he will receive a letter telling him that he has 30 days to submit additional information to support his I-601 application.

If his case is not granted right away, he can supplement the I-601 at any time up to the day he receives a decision. New information can be mailed, or sent via e-mail to the USCIS. This is good for people who prepared an I-601 without an attorney. If they hire an attorney later on, the attorney can file the supplemental documents even if it has been more than 30 days since the case was referred to the backlog. They do not need to file a new I-601.

Between 50% and 60% of I-601 waivers are approved upon filing. There is no information on what percentages of referred cases are ultimately approved. The cases in the “backlog” are taking about 13 to 15 months to decide!!
Expedited Processing:

They will consider expediting an I-601 for serious medical issues. This excludes mental/psychological conditions that have come about due to the separation. If you have a physical medical condition, or a pre-existing mental condition, you can request an expedited decision on your waiver via e-mail.

Criminal Issues:

If your client has any arrests or convictions, you must fully document and disclose them even if the charges were never filed or were dropped. They have been asking for police reports and juvenile records too! Even issues that would not make someone inadmissible can be considered for discretion. They want this information up-front from the applicant.

Denials:

If an I-601 is denied, the applicant may appeal the denial. While the appeal is pending, it is possible to request a new I-601 appointment. The applicant should first contact the call center. They are required to submit a new immigrant visa application, new fees, have a new medical, etc. Basically they have to repeat the whole IV process. However, there is no need to file a new I-130 visa petition. After the new IV interview, they can schedule a new I-601 appointment.

The applicant does not have to withdraw a pending I-601 appeal before submitting a new I-601.

Tips for legal cover letter:
• The consulate will follow BIA case law, so citing cases from a Court of Appeals is a waste of time.

• The less legalese the better; if you are going to include any, save it for the end of the letter.

• Start off your letter with a summary of the case. It is helpful to have a bullet point list of the documents you are submitting.

• Do not bother including country condition evidence since the adjudicators live in Mexico!
I-212 Applications:

The government only adjudicates I-212 applications (Application for Permission to Reapply for Admission into the United States after Deportation or Removal) in conjunction with an I-601 waiver application. So if your client does not need an I-601 waiver, CDJ will not accept their I-212 applications. These applications must be filed in the U.S.

They adjudicate the I-601 first. Because the I-601 standard is higher, if the I-601 is granted, approval of your I-212 is pretty much a given.

Continue reading

by

Pro-immigrant advocates believe the Obama administration will have a window of opportunity between this September and March 2010 to shepherd a comprehensive immigration package that will provide a path to legalization for an estimated 12 million undocumented residents, strengthen border security and help the ailing economy.

Part of their optimism is attributed to the large Latino vote that broke for Barack Obama by a 2-to-1 ratio in key states like Arizona, Nevada and Colorado.

Click for the article

by

The January 2009 Visa Bulletin has few changes over the December 2008 Visa Bulletin in the employment-based (EB) categories. There is slight forward movement in EB2 India and China. The EB3 category had a more significant change for China, and a minor change for India. The EB categories that were current in December 2008 remain current for January 2009.

For EB2, this category remains current for all countries, with the exception of India and China. The cutoff date for India moved forward by one month, and is now July 1, 2003. China moved forward by slightly more than a month, to July 8, 2004.

For EB3, The cutoff date for the “worldwide” category, as well as the Philippines, did not change, but remains at May 1, 2005. The cutoff date for Mexico advanced slightly more than two months, to November 15, 2002. China saw more significant progress, and, for the month of January 2009, has a cutoff date of June 1, 2002. India jumped forward to an October 15, 2001 cutoff date. Under EB3, this category moved forward to March 15, 2003 for all countries. As you can see the demand for visas exceeds the supply, and the visa crisis continues.

by

I have tried to cover most of the key issues that a couple will need in order to succeed in filing the marriage based Green Card. But with a topic a involved and ever changing as this one, there are always questions that couples still like to ask. We have compiled a list of the most common questions that people ask us when attempting to file the Marriage based Green Application in the United States. Hopefully the following Questions and Answers will make your journey through this process a little less confusing.

1. How soon can an applicant that entered the US as a tourist or under the Visa Waiver Program marry a US Citizen, Could they apply for the Green Card in the United States?
Answer: A US citizen can marry a tourist or VW visitor and apply for the Green Card from within the US. It is better to marry 60 days after entry to lift the presumption that the immigrant entered the US in order to get married.

2. How soon after marriage can the US Citizen petition and file the immigration paperwork for the immigrant spouse?
Answer: There is no waiting period that must pass before the immigration petition can be filed. Make sure to have the certified Marriage Certificate registered with the county before you can file.

3. How long will it take to get the work permit after filing the case? How long will it take to get to the final interview after filing?
Answer: Currently it takes 90 days after filing the Marriage based Green Application for the Government to issue the work permit. In some cases the final interview is scheduled even before the Work permit can be issued. In this case, if there is an approval at the interview, there will be no need for the work permit at that time. In most cases though, interviews are scheduled, 5 months or so after filing.

4. What if there is a mistake in your name or date of birth on the Green Card?
Answer: If there is a mistake on your new Green Card you must take steps to correct it immediately. If you fail to do so, you will not be able to receive your social security number and any other documents as a result. You must file form I-90 (get it from USCIS.GOV website) with USCIS. Make sure to Check box d in part 2.2 of the application. There is NO FEE to pay as it was not your fault. You will need to mail the original card to the following address:
National Benefits Center
Attn: I-551 Corrections
705B SE Melody Lane, Box 2000
Lee’s Summit, MO 64063
5. How do you know what taxes to file now that you are a Green Card holder?
Answer: The Internal Revenue Service has several publications you can download or obtain from a local IRS office. www.irs.gov
” Publication 519…..US Tax Guide for Aliens
” Publication 514…..Foreign Tax Credit for Individuals
” Publication 501…..Exemptions, Standard Deduction, and Filing Information
” Publication 54…….Tax Guide for US Citizens and Resident Aliens Abroad
6. How long does a person need to wait after getting the Conditional Green Card before Applying for US Citizenship?
Answer: If the Immigrant is still married to the US Citizen and living together 3 years after getting the Conditional Green, they may apply for Citizenship. If the couple is no longer married and living together, the immigrant must wait 5 years after getting the Conditional Green in order to apply.

Continue reading